THE FORMER SECRETARY OF STATE SERVICE OFFICERS  
(CONDITIONS OF SERVICE) ACT, 1972 
_____________ 

ARRANGEMENT OF SECTIONS 
____________ 

SECTION 

1.  Short title and commencement. 
2.  Definitions. 
3.  Conditions of service of I.C.S. members of the Indian Administrative Service. 
4.  Conditions of service of I.P. members of the Indian Police Service. 
5.  Pay of I.C.S. members of Indian Administrative Service and I.P. members of Indian Police 

Service. 

6.  Retirement of I.C.S. members of Indian Administrative Service and I.P. members of Indian Police 

Service. 

7.  Pension of I.C.S. members of Indian Administrative Service. 
8.  Pension payable to former Secretary of State Service officers in Indian currency only. 
9.  Power of Central Government to adapt certain rules, regulations and orders. 
10.  Power to construe rules, regulations and orders. 
10A. Power of Central Government to make orders in certain cases to ensure parity. 
11.  Power to remove difficulties. 
12.  Act to have overriding effect. 
13.  Saving of orders in respect of disciplinary matters. 

THE SCHEDULE. 

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THE FORMER SECRETARY OF STATE SERVICE OFFICERS  
(CONDITIONS OF SERVICE) ACT, 1972 

ACT NO. 59 OF 1972 

[21st September, 1972.] 

An Act to provide for the variation or revocation of the conditions of service of former Secretary 
of State Service officers in respect of certain matters and for matters connected therewith or 
incidental thereto. 

BE it enacted by Parliament in the Twenty-third Year of the Republic of India as follows:— 

1.  Short  title  and  commencement.—(1)  This  Act  may  be  called  the  Former  Secretary  of  State 

Service Officers (Conditions of Service) Act, 1972. 

(2)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a) “appointed day” means the date on which this Act comes into force; 

(b)  “former  Secretary  of  State  Service  officer”  means  a  person  referred  to  in  sub-clause  (a)  or   

sub-clause (b) of clause (1) of article 312A of the Constitution; 

(c) “I.C.S. member of the Indian Administrative Service” means a person who was appointed to 
the Civil Service of the Crown in India known as the Indian Civil Service and who on the appointed 
day is a member of the Indian Administrative Service; 

(d) “I.P. member of the Indian Police Service” means a person who was appointed to the Police 
Service of the Crown in India known as the Indian Police and who on the appointed day is a member 
of the Indian Police Service; 

(e) “pension” has the meaning assigned to it in clause (17) of article 366 of the Constitution. 

3. Conditions of service of I.C.S. members of the Indian Administrative Service.—Subject to the 

other provisions of this Act, on and from the appointed day,— 

(a) the conditions of service as respects,— 

(i) remuneration, 

(ii) leave, and 

(iii) pension; 

(b) the rights as respects disciplinary matters; and 

(c) the conditions of service and the rights as respects all other matters, 

of  the  I.C.S.  members  of  the  Indian  Administrative  Service  shall  be  the  same  as  those  of  the  other 
members of that Service and accordingly and subject as aforesaid, the provisions of the All-India Services 
Act, 1951 (61 of 1951) and the rules and regulations made or deemed to have been made thereunder, as in 
force from time to time, shall apply to and in relation to the I.C.S. members of the Indian Administrative 
Service as they apply to and in relation to the other members of that Service. 

4.  Conditions  of  service  of  I.P.  members  of  the  Indian  Police  Service.—Subject  to  the  other 

provisions of this Act, on and from the appointed day,— 

(a) the conditions of service as respects,— 

(i) remuneration, 

1. 1st October, 1972, vide notification No. G.S.R. 420(E), dated 28th September, 1972, see Gazette of India, Extraordinary,    Part 

II, sec. 3(i). 

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(ii) leave, and 

(iii) pension; 

(b) the rights as respects disciplinary matters; and 

(c) the conditions of service and the rights as respects all other matters, 

of  the  I.P.  members  of  the  Indian  Police  Service  shall  be  the  same  as  those  of  the  other  members  of       
that  Service  and  accordingly  and  subject  as  aforesaid,  the  provisions  of  the  All-India  Services                      
Act, 1951 (61 of 1951) and the rules and regulations made or deemed to have been made thereunder, as in 
force from time to time, shall apply to and in relation to the I.P. members of the Indian Police Service as 
they apply to and in relation to the other members of that Service. 

5. Pay of I.C.S. members of Indian Administrative Service and I.P. members of Indian Police 
Service.—Notwithstanding anything contained in section 3 or section 4, an I.C.S. member of the Indian 
Administrative Service or an I.P. member of the Indian Police Service, as the case may be, holding a post 
specified  in  the  Schedule  or  a  post  declared  by  the  Central  Government  to  be  equivalent  to  such  post 
shall,  for  so  long  as  he  holds  that  post,  be  entitled  to  draw  pay  as  indicated  against  the  post  in  the 
Schedule. 

6. Retirement of I.C.S. members of Indian Administrative Service and I.P. members of Indian 

Police Service.—Notwithstanding anything contained in section 3 or section 4,— 

(a) an I.C.S. member of the Indian Administrative Service, unless his service has been extended 
before the appointed day in accordance with the rules and regulations then applicable or is extended 
on or after that day in accordance with the rules and regulations applicable to  the other members of 
the Indian Administrative Service, shall retire compulsorily,— 

(i)  where  he  attains  the  age  of  fifty-eight  years  before  the  expiry  of  six  months  from  the 
appointed day, on the date of expiry of the said period of six months or on the date on which he 
shall retire compulsorily in accordance with the rules applicable to him immediately before the 
appointed day, whichever date is earlier; 

(ii) in any other case, on his attaining the age of fifty-eight years; 

(b)  the  Central  Government  shall  have  and  shall  be  deemed  always  to  have  had  the  power  to 
require an I.C.S. member of the Indian Administrative Service or an I.P. member of the Indian Police 
Service, in consultation with the Government of the State on whose cadre he is borne and after giving 
to  such  member  at  least  three  months’  previous  notice  in  writing,  to  retire  in  public  interest  from 
service on the date on which such member completes thirty years of qualifying service or attains fifty 
years of age or on any date thereafter to be specified in the notice; 

(c) an I.C.S. member of the Indian Administrative Service or an I.P. member of the Indian Police 
Service may, after giving at least three months’ previous notice in writing to the Government of the 
State on whose cadre he is borne, retire from service on the date on which such member completes 
thirty years of qualifying service or attains fifty years of age or on any date thereafter to be specified 
in the notice: 

Provided  that  no  member  under  suspension  shall  retire  from  service  except  with  the  specific 

approval of the Government of the State on whose cadre he is borne. 

Explanation.—For  the  purposes  of  clause  (b)  and  clause  (c),  “qualifying  service”  means  service 

qualifying for purposes of pension. 

7.  Pension  of  I.C.S.  members  of  Indian  Administrative  Service.—Notwithstanding  anything 

contained in section 3,— 

(a)  an  I.C.S.  member  of  the  Indian  Administrative  Service  shall,  subject  to  the  provisions  of 
section  8  and  subject  to  the  same  provisions  in  regard  to  the  right  of  the  Central  Government  to 
withdraw the whole or any part of pension or to order recovery of pension and the same conditions 
for grant of retirement benefits, as are applicable for the time being in the case of other members of 
the Indian Administrative Service, be entitled on his retirement from service in accordance with the 

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provisions  of  section  6,  to  receive  by  way  of  annuity  rupees  thirteen  thousand  three  hundred  and 
thirty-three and one-third; 

(b)  no  death-cum-retirement  gratuity  benefits  shall  be  available  to  or  in  respect  of  an  I.C.S. 
member of the Indian Administrative Service unless such member has exercised his option for such 
benefits  before  the  appointed  day  in  accordance  with  the  orders  of  the  Central  Government  in  that 
behalf  and  the  benefits  admissible  to  or  in  relation  to  an  I.C.S.  member  of  the  Service  who  so 
exercised  his  option  shall  be  subject  to  the  conditions  specified  in  the  said  orders  and  to  the  same 
conditions  for  grant  of  retirement  benefits  as  are  applicable  for  the  time  being  in  the  case  of  other 
members of the Indian Administrative Service; 

(c) no family pension benefits shall be admissible in relation to an I.C.S. member of the Indian 
Administrative Service unless such member exercised his option in respect of such benefits before the 
appointed day in accordance with the orders of the Central Government in that behalf and the benefits 
admissible in relation to an I.C.S. member of the service who so exercised his option shall be subject 
to the conditions specified in the said orders; 

(d) the Provident Fund account of an I.C.S. member of the Indian Administrative Service shall be 
credited,  on  his  retirement  or  previous  death,  with  the  same  amount,  if  any,  as  would  have  been 
credited  by  way  of  contribution  in  accordance  with  the  rules  in  force  immediately  before  the 
appointed day. 

8.  Pension  payable  to  former  Secretary  of  State  Service  officers  in  Indian  currency             

only.—(1) No former Secretary of State Service officer shall be entitled, or be deemed ever to have been 
entitled, to claim,— 

(a) pension in sterling; or 

(b) that his pension shall be paid outside India; or 

(c)  where  his  pension  was  expressed  in  sterling  or  a  fixed  sterling  minimum  was  applicable  in 
respect of the pension payable to him, that his pension shall be computed in the rupee equivalent of 
the amount fixed in sterling at a rate of exchange exceeding the rate of rupees thirteen and one-third 
to the pound sterling: 

1[Provided that in relation to every former Secretary of State Service officer who, having been in 
service on the 1st day of February, 1921, and domiciled in India on that date, is entitled immediately 
before the appointed day to claim his pension computed in the rupee equivalent of the amount fixed in 
sterling at a rate of exchange of rupees fifteen to a pound sterling, clause (c) shall have effect as if for 
the words “thirteen and one-third”, the word “fifteen” were substituted: 

Provided  further  that  every  former  Secretary  of  State  Service  officer  whose  pension  was 
expressed  in  sterling  or  in  respect  of  whose  pension  a  fixed  sterling  minimum  was  applicable,  and 
who,  immediately  before  the  appointed  day,  is  a  foreigner  having  taken  up  permanent  residence 
outside India, shall, so long as he continues to be a foreigner permanently residing outside India, be 
allowed  to  convert  the  annuity  of  rupees  thirteen  thousand  three  hundred  and  thirty-three  and          
one-third or the annuity actually payable to him in rupees, whichever is less, into pound sterling at the 
rate  of  rupees  thirteen  and  one-third  to  a  pound  sterling,  and  the  annuity  so  converted  into  pound 
sterling shall be paid outside India. 

Explanation 1.—Nothing contained in the foregoing proviso shall be deemed to entitle any former 
Secretary  of  State  Service  officer  to  claim  conversion  of  amounts  representing  the  annuity  or  the 
commuted value thereof, already drawn in rupees before the commencement of the Former Secretary 
of  State  Service  Officers  (Conditions  of  Service)  Amendment  Act,  1975  (24  of  1975),  into  pound 
sterling. 

Explanation  2.—In  this  sub-section,  the  expression  “foreigner”  means  a  person  who  is  not  a 

citizen of India.] 

1. The provisos and Explanations ins. by Act 24 of 1975, s. 2 (w.e.f. 9-5-1975). 

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(2) Notwithstanding any judgment, decree or order of any court, every former Secretary of State 

Service  officer  1[[not  being  an  officer  to  whom  the  first  proviso  or  the  second  proviso  to                  
sub-section (1) applies]] who has been paid the rupee equivalent or, as the case may be, the pound 
sterling  equivalent  of  his  pension  by  calculating  such  pension  with  reference  to  a  rate  of  exchange 
exceeding the rate of exchange of rupees thirteen and one-third to the pound sterling, shall refund to 
the Central Government or, as the case may be, the State Government, the sum by which the amount 
paid to him exceeds the amount which would have been payable to him if the calculation had been 
made at the rate of exchange of rupees thirteen and one-third to the pound sterling and the Central 
Government  or  the  State  Government  may  set  off,  in  such  manner  as  it  may  deem  fit,  the  amount 
required to be so refunded to it by any such officer against any sum (including pension) which is or 
which may become due from that Government to such officer. 

(3) For the removal of doubts, it is hereby declared that the provisions of sub-sections (1) and (2) 
shall apply to a former Secretary of State Service officer who is holding or has held the office of the 
Chief  Justice  or  other  Judge  of  the  Supreme  Court  or  a  High  Court,  the  Comptroller  and           
Auditor-General  of  India,  the  Chairman  or  other  member  of  the  Union  or  a  State  Public  Service 
Commission  or  the  Chief  Election  Commissioner  as  they  apply  to  other  former  Secretary  of  State 
Service officers. 

9.  Power  of  Central  Government  to  adapt  certain  rules,  regulations  and  orders.—(1)  For  the 
purpose of bringing the provisions of any rules and regulations made or deemed to have been made under 
the  All-India  Services  Act,  1951  (61  of  1951)  or  any  rules,  regulations  or  orders  (including  any  other 
instrument having the force of law) applicable immediately before the appointed day to or in relation to 
former  Secretary  of  State  Service  officers  into  accord  with  the  provisions  of  this  Act,  the  Central 
Government  may,  before  the  expiry  of  two  years  from  the  appointed  day,  by  order  published  in  the 
Official Gazette, make such adaptations and modifications of such rules, regulations or orders, whether by 
way of repeal or amendment, as may be necessary. 

(2) The provisions of sub-section (1) shall be in addition to and not in derogation of any power under 

any other law to amend or repeal the rules, regulations and orders referred to in that sub-section. 

10.  Power  to  construe  rules,  regulations  and  orders.—Notwithstanding  that  no  provision  or 
insufficient provision has been made under section 9 for the adaptation of any rule, regulation or order 
referred to in that section, any court, tribunal or authority, required or empowered to enforce such rule, 
regulation or order may construe it with such modifications as may be necessary to bring it into accord 
with the provisions of this Act. 

2[10A. Power of Central Government to make orders in certain cases to ensure parity.—(1) If 
the Central Government is satisfied that the conditions of service as respects any matter applicable to, or 
in relation to, any class or category of former Secretary of State Service officers under section 6, 7 or 8 or 
as  respects  any  benefits  by  way  of  compensation  for the increase in cost  of  living  or  any  other reason, 
have become less favourable than those applicable to or in relation to any corresponding class or category 
of other officers of the Indian Administrative Service or the Indian Police Service or, as the case may be, 
any  comparable  service,  it  may,  notwithstanding  anything  contained  in  those  sections,  by  general  or 
special order and subject to such conditions and restrictions (including conditions as to refund adjustment 
or recovery), as may be specified therein, make such provisions as it may deem fit for securing, so far as 
may be, parity in such cases. 

(2) Any order under sub-section (1) may be made so as to have retrospective effect. 

(3) Every order made under sub-section (1) shall be laid, as soon as may be after it is made, before 
each House of Parliament while it is in session, for a total period of thirty days which may be comprised 
in one session or in two or more successive sessions, and if, before the expiry of the session immediately 
following the session or the successive sessions aforesaid, both Houses agree in making any modification 
in the order or both Houses agree that the order should not be made, the order shall thereafter have effect 

1. Ins. by Act 24 of 1975, s. 2 (w.e.f. 9-5-1975). 
2. Ins. by s. 3, ibid. (w.e.f. 9-5-1975). 

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only in such modified form or be of no effect, as the case may be; so, however, that any such modification 
or annulment shall be without prejudice to the validity of anything previously done under that order.] 

11. Power to remove difficulties.—(1) If any difficulty arises in giving effect to  the provisions of 
this Act, the Central Government may, by general or special order published in the Official Gazette, for 
the purpose of removing the difficulty, make such provisions not inconsistent with the provisions of this 
Act as appear to it to be necessary or expedient: 

Provided that no such order shall be made under this sub-section after the expiry of three years from 

the appointed day. 

(2) Every order made under sub-section (1) shall, as soon as may be after it is made, be laid before 

each House of Parliament. 

12. Act to have overriding effect.—The provisions of this Act or of any order made thereunder shall 
have effect notwithstanding anything inconsistent therewith contained in any law other than this Act or in 
any rule, regulation or order or other instrument having effect by virtue of any law other than this Act. 

13.  Saving  of  orders  in  respect  of  disciplinary  matters.—Any  order  in  respect  of  disciplinary 
matters in relation to any I.C.S. member of the Indian Administrative Service or any I.P. member of the 
Indian Police Service in force immediately before the appointed day shall continue in force as from the 
appointed day: 

Provided  that  nothing  in  this  section  shall  derogate  from  the  powers  of  the  competent  authority  to 

vary or rescind such order. 

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THE SCHEDULE 

(See section 5) 

PART I 

I.C.S. Members of the Indian Administrative Service 

Serial No. 

Post 

Pay or Scale of Pay 

1. 

2. 

3. 

4. 

Secretary to the Government of India    .         .     .       .        Rs. 4,000. 

Additional Secretary to the Government of India    .       .        Rs. 3,500. 

Joint Secretary to the Government of India    .       .       .        Rs. 3,000. 

First Member, Board of Revenue, Tamil Nadu      .        .       Rs. 3,750. 

PART II 

I. P. Members of the Indian Police Service 

Serial No. 

Post 

Pay or Scale of Pay 

1. 

2. 

3. 

4. 

5. 

6. 

Director, Intelligence Bureau     .          .          .         .    

Rs. 3,500. 

Director General, Central Reserve Police Force    .     . 

Rs. 3,250. 

Deputy Director, Intelligence Bureau   .       .       .     . 

Rs.  1,950—50—2,150  plus     
Rs. 100 Special Pay. 

Inspector-General of Police     .           .       .       .      . 

Rs. 2,500—125—3,000. 

Commissioner of Police, Calcutta        .       .       .      . 

Rs. 2,300—50—2,500. 

Deputy Inspector-General of Police      .      .       .      . 

Rs. 1,950—50—2,150. 

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